Name: Alberta uses notwithstanding clause to protect transgender bills
Uploaded: 2025-11-19T03:18:35.559Z
Duration: 4 min 17 s
Description: The Alberta government has tabled legislation that seeks to invoke the notwithstanding clause to shield three bills that affect transgender youth and adults from legal challenges.

The Alberta government has tabled legislation that seeks to invoke the notwithstanding clause to shield three bills that affect transgender youth and adults from legal challenges.

Alberta

The Alberta government has invoked the notwithstanding clause to protect three laws related to transgender youth from legal challenges under the Canadian Charter of Rights and Freedoms. These laws include a ban on puberty blockers and hormone treatments for those under 16, mandatory parental notification and permission for students wishing to change names or pronouns, and restrictions on participation in female-only sports based on birth assignment.

Premier Danielle Smith defended the move as necessary to protect children, while opponents and medical experts have raised concerns about the impact on vulnerable youth and questioned the government's rationale. The use of the notwithstanding clause, which also suspends the Alberta Bill of Rights and Human Rights Act for five years, has generated significant controversy and public protest.

Alberta uses notwithstanding clause to protect transgender bills

Okay, closer to home now, the Alberta government once again turning to the notwithstanding clause, this time to shield three transgender bills from court challenges. According to the Premier, Danielle Smith, the move is quote urgently needed to protect the safety of children. CBC's Sarah Galash is here with more of these and second time in three weeks that the province of Alberta has turned to the notwithstanding clause to try to shield a piece of legislation. Yeah, so in this case we're talking about the three laws as you mentioned, and this goes back to last year in the first law that we're talking about is the one that prevents the use of puberty blockers or home hormone treatment for the purpose of gender reassignment before the age of 16. Another of the laws makes it mandatory for school staff to let parents know if any student wants to be addressed by either a different name or pronouns that are different from gender, different gender identity. And in the case of students that are under the age of 16, they actually have to seek the parents permission. And then you have the Sports Act. And this act essentially makes it mandatory for anyone participating in a female only competitive sport in Alberta to have been assigned female at birth. That last one has yet to be challenged in court. The other two already are being challenged in court. And so that brings you to today and the introduction, the tabling. In fact of Bill nine Bill nine applies the notwithstanding clause to protect these three existing laws in Alberta from arguments that they violate Canada's Charter of Rights and Freedoms. Um, once passed, this would that would make make it the case for the next five years. And it would also suspend the application of the Alberta Bill of Rights and the Alberta Human Rights. And Danielle Smith, the premier, was quick to defend this Bill nine. Take a listen. This is one of the most consequential actions our government will take during our time in office. We cannot and will not take the risk of a child undergoing medical, hormonal or surgical interventions that could permanently limit or eliminate the choices they may want to make as an adult to have Children of their own. One booking it. We're keeping these decisions in the hands of those who are directly accountable to Albertans and ensuring these protections can move forward without further court delay or uncertainty. You know, Sarah, I guess it's 40 years ago when the charter came into effect with the notwithstanding clause. The feeling at the time was that it either would never be invoked by government or virtually never. And if it were, there'd be a lot of heated reaction. What about today? There is a lot of heated reaction. In fact, it was unclear exactly when Bill nine was going to be tabled and they thought it could have happened yesterday. So protesters actually gathered outside the legislature yesterday. They are very much opposed to what has happened here. Whereas Daniel Smith argues that this is being done to protect vulnerable youth. Those who oppose this action say it's doing the exact opposite. Um, and as well medical, I want to point out that medical experts do say that even the use of puberty blockers at a young age alone would not prevent long term fertility issues. That is part of the argument for why that initial law is necessary. According to the current government. Um, but beyond that, this is the use of the notwithstanding clause, as you say, is something that the opposition leader and then she, he takes a real issue with the fact that the government has gone and done this and I'll play you what he had to say. There is so many horrible things going on and they are such bullies that they've decided that basic human rights don't matter if they think they can score some political points on vulnerable kids. Number two is because they're drunk on power. The premier's ego will not allow her to think that, oh, perhaps she might be wrong about something. And then, of course, and you mentioned this at the top, you don't even have to think back more than really a few weeks to find another example of the Alberta government specifically invoking the notwithstanding clause. And that had to do with ordering 51,000 teachers and school staff back to work. Um, they imposed a contract, they applied the notwithstanding clause in order to prevent future legal challenges to that. And, you know, to your point about controversy, any move involving the notwithstanding clause is not without controversy. Yeah, sir. Thank you.

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